Terms

Terms of Use

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Effective October 15, 2020

Please carefully read the following Terms of Use agreement (the “Terms of Use”) before using the Micropredictions website. 

These terms of use are entered into by and between You and Micropredictions LLC, a Delaware limited liability company (”Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Agreement”), govern your access to and use of micoprediction.com, including any content, functionality, and services offered on or through Micropredictions (the “Site”), whether as a guest or a registered user. If you do not agree to be bound by the Terms of Use, do not access or use the platform or participate in any of the Competitions (as defined below) or other contests.

The whole text of this Agreement, as well as any documents derived from it, have been written in English, and is therefore considered to be the only authentic text for all legal effects.

By accessing or using the Micropredictions website (the “Platform”) in any way, including by submitting, designing, enabling, or participating in any of the Competitions available or enabled via the platform, or by completing the registration process, where applicable, you represent that (1) you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Use, and to comply with all applicable laws and regulations; (2) you are 13 years of age or older; and (3) you have the authority to enter into the Terms of Use personally or on behalf of the company you have named as the user in the registration process, and to bind that company to the Terms of Use.

The Terms of Use include (1) your agreement that Micropredictions has no liability regarding the Competitions; (2) your agreement that the Competitions are provided “as is” and without warranty; (3) your consent to release the Company from liability based on claims between users of the platform and generally; and (4) your agreement to indemnify the Company for your acts and omissions regarding the Competitions.

The Terms of Use include a class action waiver and a waiver of jury trials, and require binding arbitration on an individual basis to resolve disputes, which limit the remedies that may be available to you in the event of a dispute.

Micropredictions may revise these Terms of Use at any time without prior notice to you, and you agree to be bound by such future revisions. Micropredictions may modify, suspend, and restrict the use or availability of any portion of the Website without notice or liability. It is your responsibility to periodically review the most recent Terms of Use applicable to your use of the Website.

1. Platform Connects Challenge Competitors and Sponsors

The Company allows users to participate in challenges/contests in exchange for prizes (“Competitions”). Terms and Conditions for current Competitions are available at and are incorporated herein.

2. Use of the Platform

The Platform and the information and content available on the Platform are protected by copyright laws throughout the world. Subject to the Terms of Use, the Company grants you a limited license to reproduce portions of the content available on the Platform for the sole purpose of administering the Competitions. 

Micropredictions reserves the right to withdraw or amend the Site, and any service or material it provides on the Site, in its sole discretion without notice. Micropredictions will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Micropredictions may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

  1. Certain Restrictions. The rights granted to you in the Terms of Use are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform or any portion of the Platform, (ii) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (iii) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iv) access the Platform in order to build a similar or competitive technology, application or service; (v) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (vi) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Platform. Micropredictions reserves all rights not granted in the Terms of Use. Any unauthorized use of the Platform terminates the licenses granted to you by Micropredictions pursuant to the Terms of Use.
  2. Third-Party Materials. As a part of the Platform, you may have access to materials that are hosted by another party. You agree that it is impossible for Micropredictions to monitor such materials and that you access these materials at your own risk.

3. Registration

In order to receive a prize, you agree to provide true, accurate, current and complete information about yourself, as requested. You represent that you are (i) at least thirteen (13) years old or have submitted the written consent of a legal guardian who takes responsibility for your registration; (ii) of legal age to form a binding contract or submitted written consent of a legal guardian who takes responsibility for your participation; and (iii) not a person barred from using the Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur while using the Platform. You agree that you shall monitor your computer to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Platform by minors. You will be liable for all transaction taxes on any prize you receive provided under these Terms of Use.

4. The Platform

Except with respect to your content and Other User content, you agree that Micropredictions and its suppliers own all rights, title and interest in the Platform (including, but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). Micropredictions’ content and Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Micropredictions You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform. Except with respect to your content, you agree that you have no right or title in or to any content that appears on or in the Platform.

  1. Trademarks. Micropredictions’ and other related graphics, logos, service marks and trade names used on or in connection with the Platform are the trademarks of Micropredictions and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Platform are the property of their respective owners.
  2. Your Content. Micropredictions does not claim ownership of your content. However, when you post, publish, or upload your content on or in the Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your content. You hereby grant Micropredictions a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, your content (in whole or in part) for the purposes of operating and providing the Platform to you and to our other Users, and related marketing and promotional activities. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
  3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Micropredictions through blogs or its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Micropredictions has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Micropredictions a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform.
  4. User Conduct. While using or accessing the Platform, including your participation in blogs, you agree that you will not, under any circumstances:
    1. Breach or circumvent any laws (local, state, federal or international), third party rights or our systems, policies, or determinations of your Account status;
    2. Interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology that interferes with any user’s uninterrupted use and enjoyment of the Platform;
    3. Interfere with the activities of other users or harass, stalk or otherwise abuse another user;
    4. Post false, inaccurate, misleading, defamatory or libelous content or impersonate any person or entity;
    5. Take any action that may undermine or circumvent the rules of a Challenge;
    6. interfere with the working of the Platform, or impose an unreasonable or disproportionately large load on our infrastructure;
    7. Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising or offer for the sale of any products or services, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    8. Use the Platform to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
    9. Post any content that (i) is unlawful, tortious, defamatory, vulgar, obscene, pornographic, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, terrorism, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities.
    10. Upload, post, transmit or otherwise make available any information that may violate or infringe any right of any third party, including without limitation any privacy, trademark, copyright or other intellectual property right or otherwise violates these Terms of Use.

We reserve the right to remove any content that violates this section without notice.

5. Investigations

Micropredictions may, but is not obligated to, monitor or review the Platform and content at any time. Without limiting the foregoing, Micropredictions shall have the right, in its sole discretion, to remove any of your content for any reason (or no reason), including if such content violates the Terms of Use or any applicable law. Although Micropredictions does not generally monitor User activity occurring in connection with the Platform or content, if Micropredictions becomes aware of any possible violations by you of any provision of the Terms of Use, Micropredictions reserves the right to investigate such violations, and Micropredictions may, at its sole discretion, immediately terminate your license to use the Platform, or change, alter or remove your content, in whole or in part, without prior notice to you.

6. Third-Party Links

The Platform may contain links to third parties (“Third-Party Link”). When you click on a Third-Party Link, we will not warn you that you have left the Platform and are subject to the terms and conditions (including privacy policies) of another service or destination. Such Third-Party Links are not under the control of Micropredictions. Micropredictions is not responsible for any Third-Party Links. Micropredictions provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, or their products or services. You use all Third-Party Links at your own risk. When you leave the Platform, our Terms of Use and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Link, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

7. Idemnification

You agree to indemnify and hold Micropredictions, its parents, subsidiaries, affiliates, officers, employees, agents, related persons, partners and licensors (collectively, the “Micropredictions Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your content; (b) your participation in any Challenge or your design, administration, or operation of any Challenge, including the award of any prizes; (c) any dispute between you and another User; (d) your use of, or inability to use, the Platform; (e) your violation of the Terms of Use; (f) your violation of any rights of another party, including any Users; or (g) your violation of any applicable laws, rules or regulations. Micropredictions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Micropredictions in asserting any available defenses.

8. Disclaimer of Warranties

THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY MICROPREDICTIONS ON AN “AS IS” BASIS ONLY. MICROPREDICTIONS PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICES IS SOLELY AT YOUR RISK. MICROPREDICTIONS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. MICROPREDICTIONS IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE SITE. MICROPREDICTIONS DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.

Micropredictions makes no warranty, representation or condition with respect to Competitions, including but not limited to, the quality, effectiveness, reputation and other characteristics of Competitions, or with respect to any prizes to be provided in connection with any Competitions.

No advice or information, whether oral or written, obtained from Micropredictions or through the platform will create any warranty not expressly made herein.

  1. No Liability for Conduct of Third Parties. You acknowledge and agree that the Micropredictions Parties are not liable, and you agree not to seek to hold the Micropredictions Parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.
  2. No Liability for Conduct of Other Users. You are solely responsible for any and all of your communications and interactions with other users of the platform. You understand that the Micropredictions Parties do not make any attempt to verify the statements of users of the Platform. The Micropredictions Parties make no representations or warranties as to the conduct of users of the Platform. You agree to take reasonable precautions in all communications and interactions with other users of the Platform.

9. Claims of Copyright Infringement

It is Micropredictions’ policy to terminate the privileges of any User who repeatedly infringes copyright upon prompt notification to Micropredictions by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Platform of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Micropredictions’ Copyright Agent for notice of claims of copyright infringement is as follows: compliance@microprediction.com.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MICROPREDICTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:  (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.  YOU ALSO AGREE THAT MICROPREDICTIONS WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND MICROPREDICTIONS’S REASONABLE CONTROL.

UNDER NO CIRCUMSTANCES WILL THE MICROPREDICTIONS PARTIES BE LIABLE TO YOU BECAUSE OF YOUR USE OF THE PLATFORM.IN NO EVENT SHALL COMPANY BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

THE MICROPREDICTIONS PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

11. Changes to Terms of Use

Information provided on the Site and via the services may be changed or updated without notice. Company may also make improvements and/or changes in the services described in this information at any time without notice.

12. Termination and Suspension

Micropredictions may terminate or suspend your right to use the Platform at any time for any or no reason. Termination will be effective immediately. Micropredictions may terminate or suspend your right to use the Platform if you breach any provision of the Terms of Use or any policy of Micropredictions posted through the Platform from time to time; if Micropredictions otherwise finds that you have engaged in inappropriate and/or offensive behavior; if Micropredictions believes you are creating problems or possible legal liabilities; if Micropredictions believes such action will improve the security of our community or reduce another User’s exposure to financial liabilities; if Micropredictions believes you are infringing the rights of third parties; if Micropredictions believes you are acting inconsistently with the spirit of these Terms of Use; or if despite our reasonable endeavors, Micropredictions is unable to verify or authenticate any information you provide. In addition to terminating or suspending your Account, Micropredictions reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to participated in the Competitions is terminated or suspended, these Terms of Use will remain enforceable against you.

13. Remedies

  1. Violations. If Micropredictions becomes aware of any possible violations by you of the Terms of Use, Micropredictions reserves the right to investigate such violations. If, as a result of the investigation, Micropredictions believes that criminal activity has occurred, Micropredictions reserves the right to refer the matter to, and to cooperate with, all applicable legal authorities. Micropredictions is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Platform, including your content, in Micropredictions’ possession in connection with your use of the Platform, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms of Use, (3) respond to any claims that your content violates the rights of third parties, (4) respond to your requests for customer Challenge, or (5) protect the rights, property or personal safety of Micropredictions, its Users or the public, and all enforcement or other government officials, as Micropredictions in its sole discretion believes to be necessary or appropriate.
  2. Breach. In the event that Micropredictions determines, in its sole discretion, that you have breached any portion of the Terms of Use, or have otherwise demonstrated conduct inappropriate for the Platform, Micropredictions reserves the right to:
    1. Warn you via e-mail (to any e-mail address you have provided to Micropredictions) that you have violated the Terms of Use;
    2. Delete any of your content provided by you or your agent(s) to the Platform;
    3. Discontinue your registration(s) with any of the Platform, including any Competitions or any Micropredictions community;
    4. Notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
    5. Pursue any other action that Micropredictions deems to be appropriate.

14. General Provisions

Electronic Communications. The communications between you and Micropredictions use electronic means, whether you visit the Platform or send Micropredictions e-mails, or whether Micropredictions posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Micropredictions in an electronic form; and (2) agree that all Terms of Use and conditions, agreements, notices, disclosures, and other communications that Micropredictions provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

  1. Release. You hereby release Micropredictions Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Platform, including but not limited to, any interactions with or conduct of other Users or third-party services of any kind arising in connection with or as a result of the Terms of Use or your use of the Platform. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
  2. Assignment. The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Micropredictions’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  3. Force Majeure. Micropredictions shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, epidemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
  4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Platform, please contact us at: privacy@microprediction.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  5. Limitations Period. You and Micropredictions agree that any cause of action arising out of or related to the Terms of se, the Platform or any challenge must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

15. Dispute Resolution

  1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use or the use of product or service provided by Micropredictions that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Micropredictions, and to any subsidiaries, affiliates, agents, employees, related persons, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Use.
  2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Micropredictions should be sent to: Micropredictions, LLC, 200 S. Australian Ave, Suite 1800, West Palm Beach, FL 33401, USA. After the Notice is received, you and Micropredictions may attempt to resolve the claim or dispute informally. If you and Micropredictions do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
  3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Micropredictions made to you prior to the initiation of arbitration, Micropredictions will pay you the greater of the award or $50. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
    • Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
    • Time Limits. If you or Micropredictions pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
    • Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Micropredictions, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Micropredictions.
    • Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Micropredictions in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and Micropredictions waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
    • Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated joinly or consolidated with those of any other customer or user.
    • Confidentiality. All aspects of the arbitration proceeding, including, but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
    • Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
    • Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
    • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Micropredictions.
    • Small Claims Court. Notwithstanding the foregoing, either you or Micropredictions may bring an individual action in small claims court.
    • Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
    • Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
    • Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Santa Clara County for such purpose.
    • Governing Law. The Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
    • Choice of Language. It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.
    • Notice. Where Micropredictions requires that you provide an e-mail address, you are responsible for providing Micropredictions with your most current e-mail address. In the event that the last e-mail address you provided to Micropredictions is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms of Use, Micropredictions’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Micropredictions at the following address: Micropredictions, LLC, 200 S. Australian Ave, Suite 1800, West Palm Beach, FL 33401, USA. Such notice shall be deemed given when received by Micropredictions by letter delivered by nationally recognized overnight delivery Challenge or first class postage prepaid mail at the above address.
    • Waiver. Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    • Severability. If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    • Export Control. You may not use, export, import, or transfer any items or information obtained through the Platform except as authorized by U.S. law, the laws of the jurisdiction in which you obtained access to the Platform, and any other applicable laws. In particular, but without limitation, such items or information may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Platform for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Micropredictions are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Micropredictions products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    • Entire Agreement. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

If you have any questions, please contact privacy@microprediction.com.